1. Private/Civil Law:

2. Procedures Used for: Several Branches: Disputes between persons
Disputes between individuals and companies
Disputes between individuals and the state
Several Branches:
Tort Law, Contract Law, Family Law, Wills and Estates
Property Law and Employment Law

3. Parties Involved
Plaintiff/Litigant- the citation distinguishes civil cases from criminal
E.g. Chin vs. Riverside Secondary
(Chin = plaintiff and Riverside Secondary = defendant)
Balance of Probabilities – lower burden of proof than a criminal case
Minors/People with Disabilities – if you are under the age of 18/19 (depending on the province) you need an adult or legal guardian to act on your behalf.

4. Stages of Civil Action
The start of a civil law suit varies by province:
Cause of Action (reason for suing)
Writ of Summons – issued by the court, informs the defendant that they are being sued and orders a response
Statement of Claim – a court document that outlines the facts and remedy

5. Most civil cases are heard in the Provincial Court
More serious civil cases are heard in the Supreme Court of the Provinces
Civil cases heard at the Supreme Court of Canada are binding on all lower courts
Most cases are heard by a judge alone
A jury consists of 6 members and a majority vote is all that is required

6. Defence Options A Defendant can:
ignores the summons/statement but the judge will award a default judgment against the defendant
file a statement of defence - a response that has the defendant’s version of events
Counterclaim – action against the plaintiff by the defence
Third party claim – defendant denies liability and blames another party for the plaintiff’s loss

7. Examination for Discovery/Documents
Each side gets to examine the evidence
This prevents the elements of surprise and both sides gets to assess the strengths/weaknesses of the case
Examination of Documents:
Affidavit of documents – any documents that are being used in trial must be disclosed right up to the trial itself

8. Settlement Out of Court
Either party can make an offer to settle
The court can require you to pay the court costs if you refused the offer to settle and your judgment was less than the offer
Security is posted by the plaintiff to cover court costs and is held by the court until the court determines what costs will be paid and by whom
A defendant who loses a case can be responsible for damages awarded by the court and part or all of the legal costs of the litigant and the court costs

9. Appeals
An appeal is based on a question of law of a question of fact – the judge made a mistake about the facts, the law or how the law applied to the facts
Class action suit – a law suit filed by one or more individuals on behalf of a group

10. Civil Remedies
Pecuniary damages – money that is awarded to determine how much the plaintiff actually lost
Non-Pecuniary damages – measuring a monetary on personal loss e.g. pain and suffering
Specific performance – a court order that requires a contract is fulfilled
Injunctions – a court order requiring someone does or does not do something

11. Enforcing a Judgment It is up to the plaintiff to collect the money
The cheque must come from the defendant
If the defendant does not pay or have the money:
Garnish wages
Assets can be seized